[HISTORY: Adopted by the Village Board of the Village of Port Chester 2-10-1982 as L.L. No. 5-1982. Amendments noted where applicable.]
The Village of Port Chester, New York, recognizes that the use and ownership of amusement devices must be adequately controlled so as to prevent public disorder, nuisances, loitering and other acts detrimental to the health, safety and welfare of the residents of the Village of Port Chester, and in particular to protect the adolescents of the village against the evils associated with gambling, and this chapter is intended to provide such control and regulations.
[Amended 3-1-1989 by L.L. No. 2-1989]
For the purposes of this chapter, the following definitions shall apply:
- AMUSEMENT DEVICE
- Shall include any coin-operated electrical game or such device as pinball machines, howling machines, video games, coin-operated computerized electronic amusement devices and any other coin-operated electrical or electronic games.
- Shall include one or more individuals, a partnership, company, corporation, association, society or any other legal entity and any officer, agent, servant or employee of the foregoing in charge of the premises hereinafter mentioned.
This chapter, however, shall include any parcel of land, building, structure, vehicle or any other place where an amusement device may be kept, maintained, exhibited, used or operated.
No licensed device under this chapter shall be operated or devoted or permitted by the licensee, holder of a license or any person in responsible charge of such premises to be operated or devoted for or to any use or purpose prohibited by law.
No cash awards shall be made in any contest, tournament, league or individual play on any game maintained or operated in any amusement center, and no device shall be permitted to operate if said device delivers to the player coins or slugs or metal tokens on certain scores, if such delivery of coins, slugs or metal tokens is or is held to be contrary to the laws of the State of New York or if said device may be readily converted to deliver to the player such coins, slugs or metal tokens if such delivery of coins, slugs or metal tokens is or is held to be contrary to the laws of the State of New York.
No person shall keep, maintain, use or exhibit or permit to be kept, maintained, exhibited, used or operated in or upon any premises in his possession or under his control within the village a manually or mechanically operated amusement device as herein defined, used or designed in whole or in part for the amusement, entertainment or recreation of the public, without first obtaining a license therefor from the Village Clerk as provided in this chapter, except that this prohibition shall not apply to vendors whose business is the placing of such devices on location.
A verified application in duplicate shall be made by any person desiring a license required by this chapter to the Village Clerk for such license, upon blanks to be furnished by him giving the location by street and number where the device is sought to be licensed, the nature and use of the premises upon which the device is proposed to be kept, maintained, exhibited or operated, the number of such devices already licensed and sought to be licensed upon the same premises, and such further information as the Village Clerk may require.
The application shall also contain a complete statement indication whether or not any previous application has been made hereunder and whether any license has been received, refused, suspended or revoked, with the circumstances thereof.
The Village Clerk is hereby authorized, in his discretion, to issue the license required by this chapter upon the terms and conditions prescribed in this chapter.
Any permit granted for any premises located within 250 feet of the lot lines of a public or private school shall be a limited one in that, between the hours of 8:00 a.m. and 4:00 p.m. on days that school is in session, the amusement device shall be unplugged or otherwise rendered inoperable. Excluded from this limitation are premises which are regulated by the State Liquor Authority and such other places which by their very nature prohibit the admittance of minors.
The application for a license under this chapter shall be referred by the Village Clerk to the Chief of Police for his investigation and recommendation as to approval or disapproval, and he shall forward his recommendation in writing to the Village Clerk. No such license shall be issued without approval of the Chief of Police. The Chief of Police shall cause such inquiries, inspections and investigations to be made as he deems necessary to carry out the intent and purpose of this chapter, including, but not limited to the device sought to be licensed or which shall be licensed, the premises upon which such device is proposed to be or shall be located and the moral character of the applicant or any person in responsible charge of such premises. In order that the intent and purpose of this chapter shall be carried out, the control and regulation of such devices shall be under the supervision of the Police Department, and members of the Department may, at any and all times when such premises are open, visit the same and make an inspection thereof.
[Amended 10-4-1982 by L.L. No. 32-1982; 7-1989 by L.L. No. 12-1989; 5-29-1991 by L.L. No. 6-1991]
Upon receipt of an application and the sum set forth in Chapter 175, Fees, of the Village Code, the Village Clerk shall, pursuant to the provisions of this chapter, issue a license and decal for the device described in the application.
[Amended 7-1-1996 by L.L. No. 7-1996]
No device shall be operated or used without first having a valid decal attached thereto.
No more than two devices shall be licensed under this chapter for maintenance, exhibition or use in the same premises at any one time.
[Amended 7-1-1996 by L.L. No. 7-1996]
Each license issued under this chapter shall expire on April 30, unless sooner revoked by the Village Clerk and/or Village Board of Trustees.
No license issued under this chapter shall be transferred to any person or location other than those persons and locations stated in the application thereof.
Any additional amusement devices to be installed will be subject to all the provisions of this chapter, including the payment of all additional fees as may be due.
Any license granted under this chapter may be revoked by the Village Clerk for any of the following;
The violation of any of the provisions of this chapter.
The violation of any law, ordinance, rule or regulation of any agency or department governing or applicable to the maintenance or conduct of the premises upon which such device is located.
The violation of any law, ordinance, rule or regulation governing or applicable to the maintenance, possession, use or operation of the licensed device.
Otherwise, for cause.
If the Village Clerk determines that the license granted under this chapter should be revoked or refused, the Village Clerk, within five days of the determination, must notify the licensee in writing of the reasons for the determination specifying that the license will be revoked in 25 days of the date of the notice. The licensee or applicant, within 15 days of the date of the notice of revocation or refusal from the Village Clerk, must, in writing, request a hearing before the hearing panel to determine the appropriateness of the Village Clerk's determination.
The hearing panel, consisting of the Village Board of Trustees, must within 10 days of the receipt of the licensee's or applicant's demand for a hearing, conduct a hearing to determine whether the licensee's license should be revoked or the applicant's request be refused. The determination by the hearing panel must be a majority decision. The technical rules of evidence will not apply to the hearing before the hearing panel. The hearing may be recorded by means of a tape recorder or by some other reliable means of recording.
The determination by the hearing panel will be final.
Any person violating any provisions of this chapter shall be guilty of a violation and shall be punishable by a penalty up to $100.
Each day's maintenance, exhibition or use of any manually or mechanically operated amusement device in violation of the provisions of this chapter shall constitute a separate offense.
Any person maintaining, operating or in responsible charge of premises upon which a manually or mechanically operated amusement device is kept, exhibited or used, for which device a fictitious or counterfeit license purporting to be issued by the Village Clerk is obtained, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of up to $500.